Hong Kong Ordinances

ELECTIONS (CORRUPT AND ILLEGAL CONDUCT) ORDINANCE - SECT 28

Court empowered to restrain person from repeating certain illegal conduct

(Past version on 21/09/2001).
(Past version on 03/03/2000).

(1) The Court may, on the hearing of an application under this section, grant
an injunction restraining a person who is found to have engaged in illegal
conduct at an election in contravention of section 25, 26 or 27-

   (a)  from continuing or repeating the conduct; or

   (b)  from engaging in any other conduct of a similar nature.

(2) An injunction under this section may be granted on such terms as the Court
considers appropriate.

(3) The Court may, in addition to granting an injunction, make an order
requiring a person to do a specified act.

(4) The Court may grant an interim injunction pending the determination of an
application under this section. Such an injunction may be granted merely on
the basis of rebuttable evidence of the illegal conduct alleged to have been
engaged in.

(5) An application for an injunction under this section can be made by-

   (a)  in the case of-

        (i)    an election referred to in section 4(a), (i) or (j), a
               candidate at the election; (Amended 2 of 2003 s. 68)

        (ii)   an election referred to in any other paragraph of section 4, a
               candidate at the election- (A) for the same constituency; or
               (B) in the case of an election relating to the Heung Yee Kuk or
               a Rural Committee, for the same body; or (Replaced 21 of 2001
               s. 80)

   (b)  the election agent of such a candidate; or

   (c)  a person who is registered as an elector for the constituency, Village
        or body concerned; or (Amended 2 of 2003 s. 68)

   (d)  if the election is one at which corporate electors are eligible to
        vote, a member of a body that is registered as a corporate elector for
        the constituency or body concerned; or

   (e)  if the election is to elect a person as a Member of the
        Legislative Council to represent a functional constituency, a body or
        natural person referred to in section 25(5) or (6) of the Legislative 
        Council Ordinance ( Cap 542).

(6) (Repealed 2 of 2003 s. 68)

(7) An application for an injunction under this section can also be made by-

   (a)  a person who alleges that the name or logo of or associated with the
        person, or a pictorial representation of the person; or

   (b)  an organization that alleges that the name or logo of or associated
        with the organization, has been included in an election advertisement
        in contravention of section  27 .